IN THE CASE OF:	  

		BOARD DATE:	  8 October 2013

		DOCKET NUMBER:  AR20130002123 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his service in the Republic of Korea (ROK) and the Korea Defense Service Medal (KDSM).

2.  The applicant states the KDSM was not authorized for service in the ROK until after he was separated from the Army.

3.  The applicant provides his reassignment orders and DD Form 214.

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant enlisted in the Regular Army on 30 October 1990 for a period of 2 years and 24 weeks.  He was awarded military occupational specialty 31K (Combat Signaler).

3.  The applicant's DA Form 2-1 (Personnel Qualification Record – Part II), supplemented by a temporary DA Form 2-1, shows in:

	a.  item 5 (Oversea Service):  Korea from 22 April 1991 through 21 April 1992;

	b.  item 18 (Appointments and Reductions):  specialist four (SP4)/pay grade E-4 with a date of rank of 1 June 1992; and

	c.  item 35 (Record of Assignments):  Headquarters and Headquarters Battery, 1st Battalion, 15th Field Artillery, 2nd Infantry Division, Korea, from 24 April 1991 through 23 April 1992.

4.  The applicant's DD Form 214 shows he was honorably released from active duty on 17 April 1993.  He completed 2 years, 5 months, and 18 days of net active service during this period.

	a.  He was awarded the:

* Army Achievement Medal
* National Defense Service Medal
* Army Service Ribbon
* Overseas Service Ribbon
* Sharpshooter Marksmanship Qualification Badge with Rifle (M-16) Bar
* Army Lapel Button

	b.  Item 12f (Foreign Service) shows 1 year.

	c.  Item 18 (Remarks) does not show an entry for an overseas deployment.

5.  A review of the applicant's military personnel records failed to reveal evidence that he deployed overseas with his unit.

6.  A review of the applicant's military personnel records reveals he may be entitled to additional awards that are not shown on his DD Form 214.

7.  A review of the applicant's military personnel records failed to reveal evidence of any disciplinary actions, adverse information, or a commander's disqualification for award of the Army Good Conduct Medal (AGCM).  This review also failed to reveal any evidence he was recommended for or awarded the AGCM by his commander.

8.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.

	a.  The AGCM is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of active Federal military service.  Although there is no automatic entitlement to the AGCM, disqualification must be justified.

	b.  The KDSM is authorized for award to members of the Armed Forces of the United States who served on active duty in support of the defense of the ROK.  The area of eligibility encompasses all land area of the ROK and the contiguous water out to 12 nautical miles and all air space above the land and water area.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.  Service members must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive or 60 nonconsecutive days.

9.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army.  Paragraph 2-4 contains item-by-item instructions for completing the DD Form 214.

	a.  For item 12, use extreme care in completing this block since post-service benefits, final pay, retirement credit, etc., are based upon the information contained herein.  For block f, enter the total amount of foreign service completed during the period covered in item 12c (Net Active Service This Period).

	b.  For item 13, list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22.

	c.  For item 18 for an active duty Soldier deployed with his or her unit during their continuous period of active service, enter "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)."

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show his overseas service in Korea and the KDSM.
2.  The evidence of record shows orders assigned the applicant overseas to Korea.

	a.  Records show he served overseas in Korea for a period of 1 year from 22 April 1991 through 21 April 1992 as shown in item 12f.

	b.  There is no evidence that shows the applicant's assignment to Korea was part of a unit deployment.

	c.  There is no regulatory requirement to enter the country or overseas command on the DD Form 214 for an individual who is assigned overseas.

3.  The evidence of record shows the applicant qualified for award of the KDSM based on his active service in support of the defense of the ROK.

4.  The applicant served a period of continuous honorable active duty enlisted service from 30 October 1990 through 17 April 1993.

	a.  He completed an overseas assignment in Korea and was awarded the Army Achievement Medal.

	b.  He was promoted to SP4/E-4 with 19 months of active service.

	c.  There is no evidence of any disciplinary actions, adverse information, or a commander's disqualification for the first award of the AGCM.

	d.  Despite the absence of the unit commander's recommendation for award of the AGCM (1st Award) at the time of the applicant's separation, it would be appropriate to award the applicant the AGCM (1st Award) for the period 30 October 1990 to 17 April 1993 based on the available evidence.

5.  In view of the foregoing, it would be appropriate to correct the applicant's DD Form 214 to show his awards as recommended below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ___X_____  ___X_____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  awarding him the AGCM (1st Award) for the period 30 October 1990 to 17 April 1993 (Standard Name Line:  SP4  Headquarters and Headquarters Company, 43rd Engineer Battalion, Fort Benning, GA  31905) and

	b.  adding the following awards to his DD Form 214:

* AGCM (1st Award)
* KDSM

2.  The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to specifying his overseas service.



      ____________X_____________
                 CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20130002123



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ABCMR Record of Proceedings (cont)                                         AR20130002123



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